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§ 671.8. Inspection of Facilities.

14 CA ADC § 671.8BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1. Fish and Game Commission-Department of Fish and Game
Subdivision 3. General Regulations
Chapter 3. Miscellaneous (Refs & Annos)
14 CCR § 671.8
§ 671.8. Inspection of Facilities.
(a) The department may approve an application prior to facilities being built, inspected and approved. The department shall not issue a restricted species permit until a determination that an applicant meets the qualifications to obtain a permit is verified, and the applicant's facility(ies) have been inspected by the department and the department determines that the applicant's facility(ies) meets the minimum standards for humane care, treatment, and housing of wild animals.
(b) The applicant for a restricted species permit shall submit payment of the inspection fee to the department, as specified in Section 703, for the inspection of the applicant's caging or holding facility(ies) and animal(s) each permit year.
(c) Every applicant shall submit to the department with the inspection fee, a current map of all enclosures housing restricted species in California listed on their inventory. Each enclosure shall be numbered both on the map and physically on the enclosure. The number on the enclosure should be a minimum of two inches high, permanently attached, and clearly visible for ease of identification. The map shall also include identification of the species residing in the enclosure and the dimensions (Length x Width x Height) of the enclosure for ease of identification. An enclosure is defined as the structure where a restricted species is confined. If a structure or enclosure is divided into more than one confined area, each area is considered a separate enclosure and shall be shown as a separate enclosure on the map. If an enclosure houses more than one species that co-exist, and is not divided, it shall be considered one enclosure.
(d) The department's law enforcement staff may enter any place including, but not limited to, any holding facility, vehicle or vessel, where restricted species are kept or may be kept, to: inspect animals, facilities or animal equipment; inspect, audit, or copy any permit, book or record required to be kept for such species; or to otherwise monitor or enforce compliance with state and federal statutes, and regulations adopted pursuant to state and federal statutes, related to restricted species. Inspections may be made at any time with or without prior notification.
(e) Types of Inspections.
(1) Initial.
a. Before the department issues a new restricted species permit to any resident applicant, the applicant shall arrange for an initial inspection of an applicant's caging and holding facility(ies), as described in paragraphs (b) and (c), and arrange for another inspection after the animal(s) arrive.
b. Before the department issues a new permit to a nonresident applicant for exhibition purposes, the applicant shall arrange for an inspection of the facility(ies) prior to the applicant's first performance at the first location listed on the Restricted Species Nonresident Exhibiting Permit Itinerary. The applicant shall not proceed with a performance, show, or appearance prior to submitting to, and passing, an inspection.
c. Before the department issues a new permit to a nonresident applicant for nonexhibition purposes, the applicant shall arrange for an initial inspection of an applicant's caging and holding facilities, as described in paragraphs (b) and (c).
(2) Renewal.
a. Before the department renews a restricted species permit, the applicant shall pass an annual renewal inspection, based on the permit year, as described in paragraph (b).
b. Before the department renews a permit for a nonresident applicant, the applicant shall arrange for an inspection of the facility(ies) prior to the first performance at the first location listed on the Restricted Species Nonresident Exhibiting Permit Itinerary. The applicant shall not proceed with a performance, show, or appearance prior to submitting to and passing an inspection and receiving a permit.
c. Before the department renews a permit to a nonresident for non-exhibiting purposes the applicant shall pass an annual renewal inspection based on the permit year as described in paragraph (b).
(3) Amendment. Prior to an amendment of an existing permit, the permittee shall notify the department and provide photo documentation of the enclosure that includes all required elements of the minimum standards as specified in 671.3. If the amendment is approved, the permittee may add the species to their inventory. Upon renewal, the permittee shall include the new amended species and enclosure information.
(f) Re-inspection. If the department identifies a non-compliant item or violation during an inspection, as described in paragraphs (1), (2) and (3), the department may require that the applicant/permittee provide for one or more additional inspections within a specified time period at the applicant/permittee's expense prior to issuing a permit or permit amendment.
(g) Research Entities as Eligible Local Entities. Applicants for research permits shall submit the annual research-detrimental species fee and the ELE/MOU fee to the department as specified in Section 703, and the department may enter into a memorandum of understanding (MOU) with the applicant as an eligible local entity (ELE) to inspect facilities. With annual renewal and the annual ELE/MOU renewal fee paid, an MOU may be valid for up to five permit years, at which time, a new MOU will be required. Until the department enters into an MOU, a research facility shall submit an annual statement from a USDA accredited veterinarian certifying that the animals and their housing have been inspected at least twice during the year, at six month intervals, and that the animals are being cared for and housed in accordance with applicable requirements in subsections 671.1(a)(8)(A)-(F), and sections 671.2 through 671.4 to satisfy the inspection requirement.
Note: Authority cited: Sections 713, 1002, 2118, 2120, 2122, 2150, 2150.2, 2157 and 2193, Fish and Game Code. Reference: Sections 2116, 2116.5, 2117, 2118, 2120, 2150, 2150.2, 2151, 2157, 2190, 2193 and 2271, Fish and Game Code; Section 1094.5, Code of Civil Procedure; and Section 69950, Government Code.
HISTORY
1. New section filed 8-31-2012; operative 7-1-2013 (Register 2012, No. 35).
This database is current through 5/6/22 Register 2022, No. 18
14 CCR § 671.8, 14 CA ADC § 671.8
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